Jefferson Review

"Your Liberty is Our Interest"

Home /  Archives / Links / Quotes / Book Reviews / Advertise /Contact us / Subscribe / Calendar

Take Back Kentucky Proposes Solution to Eminent Domain Abuse

By Theresa Fritz Camoriano

Frankfort, Kentucky -  Last week, several members of Take Back Kentucky testified before the state legislature’s Judiciary Committee in support of a proposal to amend the state’s eminent domain law.  The U.S. Supreme Court decision of Kelo vs. New London has raised public awareness of some of the abuses of eminent domain law, and Rep. Gross Lindsay, Chairman of the Judiciary Committee, indicated that the committee is interested in changing the law in order to reduce the opportunity for abuse. 

Norm Davis of Take Back Kentucky told the committee that eminent domain should be used for building roads, sewers and other infrastructure projects, but it should not be used to take private property for private use.  Davis also proposes to eliminate the ability of government to declare an area “blighted” in order to use eminent domain to take the property.  In previous testimony in April, Take Back Kentucky members testified about several examples in which areas that included many well-maintained, expensive homes and businesses had been declared “blighted” in order for the government to use eminent domain to take the properties. 

State legislators asked what could be done in situations in which properties are abandoned or create a health or safety risk due to the owner’s failure to maintain the property if they could not declare the area to be “blighted” in order to condemn it.  Take Back Kentucky testified that there are many other remedies available under the police power, including the ability to take corrective action to make repairs to eliminate public nuisances and to create liens on the property to pay for those repairs.  They said it is not necessary to use the power of eminent domain to solve those types of problems.

Take Back Kentucky has been effective in the past in lobbying for individual rights, including gun rights, the rights of motorcycle owners, and the rights of taxpayers and property owners.  Norm Davis says that, if the state’s legislators do not see the light and treat Kentucky citizens fairly, then they should feel the heat, and he has been known to deliver that heat in the past through coalitions of various grassroots groups throughout the state.

The League of Cities also testified before the committee, stating that Kentucky’s eminent domain law has not been abused and is necessary for economic development.

“Without a society in which life and property are to some extent secure, existence can continue only at the lowest levels -- you cannot have a good life for those you love, nor can you devote you energies to activity on the higher level.” — Alfred N. Whitehead

Weather (Louisville) / Mapquest /  White Pages / Business Search / CNN / Dictionary / E-card / MSN